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FOR FCC RECORD ONLY
$//Warner Cable, Magadore and Wadsworth, OH, MO&O, DA 95-1223//$
$/76.922 Rates for Cable Programming Service tiers/$
$/benchmark cable rates/$
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
DA 95-1223
In the Matter of )
)
Warner Cable ) CUID Nos. OH0773 (Magadore)
) OH1003 (Wadsworth)
Benchmark Filings to Support )
Cable Programming Service Prices )
MEMORANDUM OPINION AND ORDER
Adopted: June 2, 1995 Released: June 12, 1995
By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:
1. Here we consider complaints about the prices the above-captioned operator
("Operator") was charging for its cable programming service ("CPS") tier in the communities
referenced above. Operator has chosen to attempt to justify its prices through benchmark
showings on FCC Form 393. This Order addresses the reasonableness of Operator's prices
only through May 14, 1994. At a later time we will issue a separate order addressing the
reasonableness of the prices after that date.
2. Under the Cable Television Consumer Protection and Competition Act of 1992,
and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review
CPS prices upon the filing of a complete and timely complaint. The filing of a complete and
timely complaint triggers an obligation on behalf of the cable operator to file a justification
of its CPS prices. Under our rules, an operator may attempt to justify its prices through
either a benchmark showing or a cost-of-service showing. In either case, the operator has
the burden of demonstrating that its CPS prices are not unreasonable.
3. The Commission's original rate regulations took effect on September 1, 1993.
The Commission subsequently revised its rate regulations effective May 15, 1994.
Operators with complete and timely CPS complaints filed against them prior to May 15,
1994 must demonstrate that their CPS prices were in compliance with the Commission's
initial rules from the time the complaint was filed through May 14, 1994, and that their
prices were in compliance with the revised rules from May 15, 1994 forward. Operators
attempting to justify their prices for the period prior to May 15, 1994 through a benchmark
showing must complete and file FCC Form 393. Generally, to justify their prices for the
period beginning May 15, 1994 through a benchmark showing, operators must use the FCC
Form 1200 series.
4. Operator asserts that its monthly CPS prices are justified by its benchmark filings
because these prices are equal to or lower than the maximum permitted charges. Upon
review, we have found no apparent errors that would result in Operator's actual CPS prices
exceeding its maximum permitted CPS prices.
5. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R. 0.321, that the complaints referenced herein against the cable
programming service prices charged by Operator in the communities referenced above ARE
DENIED TO THE EXTENT INDICATED HEREIN.
FEDERAL COMMUNICATIONS COMMISSION
JoAnn Lucanik
Chief, Financial Analysis and Compliance Division
Cable Services Bureau